Ex-Montco GOP head charged with drugging, raping woman

By Margaret GibbonsStaff writer

Tuesday

Nov 26, 2013 at 12:01 AMNov 26, 2013 at 12:30 PM

The former chairman of the Montgomery County Republican Committee on Tuesday was arrested on charges of drugging a female employee of his law practice and then raping and sexually assaulting her both in his 2011 black Mercedes sedan and at her home.

Robert J. Kerns, 66, of the first block of North Lane, Upper Gwynedd, is facing 16 charges (a total of 19 counts) ranging from rape of an unconscious victim, sexual assault and indecent assault to drug violations, lying to police and tampering with evidence.

Arraigned before Whitpain District Judge Robert M. Sobeck, Kerns entered a not guilty plea. He was taken from the courtroom in handcuffs and transported to the county prison in lieu of $1 million-10 percent bail.

Conditions of the bail as set forth by Sobeck require Kerns to turn over his passport and wear a GPS monitoring cuff. Sobeck also prohibited Kerns from drinking and from entering any establishment that serves alcohol. Kerns must also submit to random alcohol tests. Finally, the judge prohibited Kerns from having any contact with the alleged victim or her family.

“Mr. Kerns vehemently denies these accusations,” said defense attorney Brian McMonagle after the arraignment. “Everybody who knows Mr. Kerns knows he could not have done this.”

“He didn’t drug anybody and he didn’t rape anybody,” said McMonagle. “We look forward to testing and defeating these allegations in a court of law.”

Kerns’ preliminary hearing is scheduled for Dec. 6 at 1 p.m. before Sobeck.

The alleged incident occurred on the evening of Oct. 25, following a law office get-together at a restaurant in Whitpain to celebrate a law firm employee’s passing of the bar exam, according to the complaint.

Kerns, who has been married 41 years and is a grandfather, is a partner in the Upper Gwynedd law firm of Kerns, Pearlstine, Onorato & Hladik. No member of the law firm returned phone messages Tuesday concerning Kerns’ current status with the firm, although a voice messaging system still had Kerns’ name in the title of the firm.

During the party, the 51-year-old woman told others that, with her husband out of town, she intended to do some shopping at the malls in King of Prussia. However, she later expressed concern whether she should drive since she had consumed 1½ glasses of wine and two shots of Limoncello, an Italian lemon liquor.

Kerns reportedly offered to drive the woman to the King of Prussia mall since he had a political event to attend in that area. He told her he could pick her up after the event and drive her back to her car.

Kerns, paying the tab for the party, also purchased a $68 screw-top bottle of wine from the bar along with two wine glasses, according to the criminal complaint. After leaving the restaurant, Kerns suggested to the woman that she pour each of them a glass of wine but, while the woman sipped her wine, Kerns just held his glass in his hand while driving, the complaint said. The woman then lost consciousness, the complaint said.

Authorities contend that Kerns laced the wine with Ambien, a prescribed sedative used to treat insomnia and reportedly one of the most common “date-rape” drugs.

Authorities allege that Kerns raped the woman in his car and, later, at her residence when he drove her home.

The woman told investigators that the next thing she can recall is waking up in Kerns’ car as he drove through her neighborhood to her home. The woman told authorities that, while she regained consciousness, she was still physically incapacitated, the complaint said. Kerns helped her into her home and then sexually assaulted the woman again in her bedroom, according to the criminal complaint.

The woman went to the hospital on Oct. 27, providing urine and blood samples and undergoing a physical examine. The tests revealed the presence of Ambien in her system although the woman told investigators she never used Ambien or other similar medications, according to the complaint.

The woman also suffered injuries to her genital area and other visible injuries to other parts of her body, according to the complaint.

A substance found on the waistband of the woman’s underwear was consistent with Kerns’ DNA, the complaint said.

The woman resigned from her position at the law firm on Oct. 28 and, on Oct. 31, reported the alleged attack to police.

Asked by a detective why she decided to report the alleged assault, the complaint said the woman responded, “I was processing the shock over the weekend. I had to deal with the employment situation. I guess I was very concerned with Bob’s status and how I believe he will drag my name through the mud to make me look bad and protect his reputation. I didn’t know if I could go through with it. I didn’t know if I could put my family through it. I am worried I could go through the whole process and he could just walk away.

“I felt I had an obligation to protect others from having it happen to them,” the woman reportedly told detectives.

County District Attorney Risa Vetri Ferman, who announced Kerns’ arrest at a press conference Tuesday morning, called the woman’s decision to come forward “courageous.”

Noting that the county grand jury described Kerns’ alleged actions as both “manipulative” and “predatory,” Ferman said that, often in similar cases when this alleged type of behavior manifests itself, there are other victims.

“While we have no specific information that there are other victims, I would encourage anyone who feels that they have been similarly victimized to contact us,” said Ferman. “I don’t want anyone to think they should be afraid of doing that.”

This is not the first time that Kerns has come to the attention of authorities.

Kerns was arrested and charged with driving under the influence of alcohol following a one-vehicle accident during the early morning hours of Nov. 18, 1992. He crashed his car into a utility pole in Souderton, snapping the pole in half and damaging a transformer. Tests revealed that Kerns had a blood-alcohol reading of 0.16 percent, police said.

There are no court records indicating how that case was resolved.

Shortly after the accident, Kerns resigned from his post as county solicitor — the top legal adviser for county government. He explained in his resignation that he needed to spend more time in his legal practice.

Kerns resigned as GOP chairman, a post he has held for more than seven years, earlier this month when news of the current criminal investigation surfaced.

Under his leadership, GOP coffers dipped significantly while Democrats pulled ahead in registered voters. The GOP lost control of the county government and many row offices to Democrats. The Democrats also have swept the last four county judicial contests.

The most recent alleged incident occurred just one day after one of Kerns’ triumphant moments, when he, with a wide smile, announced that his fractured organization was now unified.

He was referring to the return of Robert B. Asher, a GOP powerbroker on the state and national levels, to take an active role in the county GOP.

Asher and Lower Merion Republican Vahan H. Gureghian, a power in his own right, agreed to share the chairmanship of cash-strapped county GOP’s finance committee.

The announcement came during the party’s fall fundraising dinner that drew some 300 party officials and foot soldiers.